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How do I request a judge change in Delaware?
Anonymous7 views1 answers
I have a 2 year old daughter with my ex boyfriend who has a history of drug abuse and a criminal record. I do not have an attorney but he does. A judge just ruled that our daughter will spend every other week (not weekend) with him in Pennsylvania for the next 90 days. I pointed out that Delaware court guidelines suggest that a child of 2 years old begin visitation with the non custodial parent every other week. Please help, I can't afford and attorney. I don't have eyes or ears in PA, I can't verify that he is living at the address listed on court documents. I don't know anything about his living conditions. I provided the court with documentation from the Pennsylvania State police that outlines his convictions and jail time. Will someone please give us justice?
It is extremely difficult to get a new judge in Delaware. Because of the small size of our judiciary, the standard to have a judge recused is very high, and parties who ask for a recusal very rarely succeed, meaning that they are then stuck with a judge handling their case even though that party has officially accused the judge of being biased. If the only basis for your request is that you don't like how the judge has ruled, there is no reason to ask for a new judge. The remedy to that is to ask the judge to reconsider the decision (if there is additional information or law that you could not have reasonably provided to the judge before the decision was rendered) or to appeal the decision (if the decision wrongly interpreted or wrongly applied the law). If you can't afford an attorney, you should see if you can get advice or representation through one of the legal aid societies in Delaware like Delaware Volunteer Legal Services or CLASI.
